Mark E. Rivera was drunk when he tried to beat a train across the tracks in Castroville, smiled and flipped off the train's conductor, and killed his passenger when he did not win the race.

On Thursday, the 54-year-old Salinas man was sentenced by Monterey County Judge Julie Culver to life in prison under California's three strikes law.

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Rivera's three strikes stemmed from when he was convicted of vehicular manslaughter in 1995 because of the train crash; using a car as a deadly weapon in 2002; and when he was convicted in February of felony evading an officer, driving under the influence, and hit-and-run.

Rivera has been found guilty of DUI seven times.

On December 26, 2009, California Highway Patrol officers chased Rivera from Castroville to Marina. He zoomed through stop signs, lost a tire while driving at over 80 miles-per-hour, and passed other vehicles on the right shoulder, and hit a driver's car who had pulled over for emergency vehicles with sirens on.

Rivera then put his car in reverse and rammed a Monterey County Sheriff’s Deputy's patrol vehicle and fled again. He drove drunk down Highway 1, and when his front hood flew open, he continued on with his head out the side window to see. He crashed on Lightfighter Drive and ran until he was shot with a Taser.

The defendant was driving under the influence when he passed numerous vehicles in an attempt to beat a train.

The conductor blew his horn but Rivera continued attempting to beat the train, "with a grin on his face and flipping off the train conductor," Monterey County District Attorney Dean Flippo said.

Rivera’s vehicle was hit by the train and his passenger was thrown from the car and killed.

He received his first strike and was sentenced to 10 years in prison. Rivera was convicted of his second strike in 2003 after he intentionally hit five vehicles at speeds of 100 mph on Interstate 5 in San Joaquin County.